On Wednesday, former National Security Advisor Michael Flynn emerged victorious in the fight over whether to grant his writ of mandamus filed in the D.C. Circuit. This comes after U.S. District Court Judge Emmet Sullivan refused to dismiss Flynn’s case, despite the Department of Justice informing the court that it was no longer pursuing charges against him. Judge Sullivan appointed John Gleeson as amicus curiae to argue for his ability to decide whether the charges should be dropped. In an opinion authored by Judge Neomi Rao the D.C. Circuit admonished Judge Sullivan’s decision to appoint Gleeson and ordered the lower court to dismiss the charges against Flynn.

While Republican lawmakers continue to promote the rule of law in response to recent nationwide unrest, Democratic lawmakers in Seattle are taking the opposite approach. One week ago, a group of protestors seized 6 blocks of the area surround Seattle’s Capitol Hill and  established the Capitol Hill Autonomous Zone (CHAZ) or Capitol Hill Organized Protest (CHOP). Seattle Mayor Jenny Durkin has taken a hands off approach to the takeover, even going so far as abandoning the Seattle Police’s East Precinct against the wishes of Police Chief Carmen Best.

Apparently both the left and the right are outraged at aspects of Judge Sullivan's decision to delay granting the Department of Justice’s motion to drop the case against Michael Flynn.  But while one side respects the separation of powers and the rule of law, the other side is acting like a schoolyard bully making threats.

To our minds, Judge Sullivan blurs separation of powers when he appointed a retired judge who publicly expressed opinions against Flynn to review the case and accept amicus curiae briefs.  Judge Sullivan seems to be acting like a prosecutor, not an “umpire” judge.  While we consider Judge Sullivan’s decision extremely troubling, we think Flynn’s lawyers took the appropriate course of action in this case by requesting a writ of mandamus. 

General Michael Flynn's attorneys have requested a writ of mandamus from the D.C. Circuit ordering that the Department of Justice's unopposed motion to dismiss be granted.  While mandamus is an extraordinary writ, the district judge's actions in the past two weeks have also been extraordinary.  As Hans von Spakovsky explained:

Carrie Severino wrote today about liberals' attacks on the rule of law and Attorney General Bill Barr, all as part of their efforts to "resist" the presidency of Donald Trump:

What we have been witnessing is an all-out assault on the rule of law from the woke Left, which has elevated its political ideology to something resembling a secular religion. By this mentality, Trump and his agents are monomaniacally recast as totems of sinister forces who must be stopped at all costs. Never mind notions of fair process and democratic deliberation that made the American system of law what it is.

Today was likely one of the last “controversial” hearings for a judicial nominee for President Trump’s first term.  Judge Justin Walker was before the committee as a nominee to the DC Circuit.  However, much of the Democrats' potential fire was taken away before the hearing even started.  Yesterday, the American Bar Association (ABA), the self-proclaimed "gold standard" of Senate Democrats, rated Judge Walker "Well Qualified."  Judge Walker had previously been rated "not qualified" by the ABA, due to his being just short of the required number of post-law school years of experience. 

While COVID-19 is the Administration's main focus, they continue to build on one of their most important and long-lasting accomplishments: nominating judges who respect and uphold the rule of law.  Today yet another great nomination was made with Judge Justin Walker to the DC Circuit:

Today, President Donald J. Trump announced his intent to nominate:

Justin R. Walker of Kentucky, to serve as Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit.

Justin Walker currently serves as a United States District Judge for the Western District of Kentucky. Judge Walker is also a part-time Associate Professor and Co-Director of the Ordered Liberty Program at the Brandeis School of Law at the University of Louisville. Before taking the bench in 2019, Judge Walker was Partner of Counsel at Dinsmore & Shohl, LLP in Louisville, Kentucky, where his practice focused on commercial and appellate litigation. Previously, Judge Walker was an appellate attorney in the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP. Judge Walker served as a law clerk to United States Supreme Court Justice Anthony Kennedy and to then-Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia Circuit. Judge Walker earned his B.A., summa cum laude, from Duke University, and his J.D., magna cum laude, from Harvard Law School, where he served as Notes Editor on the Harvard Law Review.

RNLA Betty Murphy Award Winner Mike Davis and the Article III Project released a letter signed by conservative leaders in response to Senate Democrat Minority Leader Chuck Schumer’s threats on Justices Gorsuch and Kavanaugh last week:

In a better world, this episode would mark the end of Chuck Schumer’s political career.  But even in America in 2020, it should be a permanent blot on Schumer’s record. We therefore strongly support a resolution to censure Schumer on the Senate floor.

The Department of Labor under Secretary Eugene Scalia and President Trump issued a final rule on Sunday clarifying what situations qualify as conferring joint employer status under the Fair Labor Standards Act (FLSA). While this may seem like an arcane area of law, it is yet another example of how the Trump administration is promoting the rule of law through providing clear legal rules in areas of confusion. Unclear legal standards not only undermine the rule of law but also stifle economic growth and innovation among American businesses:

In a series of two blog posts, RNLA will detail our top 10 blog posts of 2019.  Today Numbers 10-6.  

10.  May 1: TOP MOMENTS OF BARR HEARING

Attorney General Bill Barr drives it home -"How did we get to this point? The President was falsely accused of colluding with Russians - the evidence shows those allegations are false. To listen to some of the rhetoric you’d think the Mueller Report had found the opposite."